BEREC Report on the outcome of the consultation on the evaluation of the application of Regulation (EU) 2015/2120 and the BEREC Net Neutrality Guidelines

Document number: BoR (18) 245

Document date: 06-12-2018

Date of registration: 12-12-2018

Document type:
Author: BEREC

This report summarises and addresses the responses that BEREC received to a public consultation on an evaluation of the application of the BEREC Net Neutrality Guidelines (“the Guidelines”)[1] in the context of Regulation (EU) 2015/2120 (“the Regulation”)[2]. The consultation was opened on 14 March 2018 and ran until 25 April 2018.

The input received in the consultation was, together with the experiences of the NRAs, used as an input for the BEREC Opinion on the Evaluation of the Regulation. To the extent that stakeholders’ comments raised issues that BEREC will consider in next year’s exercise of clarifying the current Guidelines, this is indicated in the BEREC Opinion on the Evaluation. References are made to sections of the Opinion where appropriate.

It is noted that the subjects identified in the Opinion are not necessarily the only subjects on which the Guidelines may be clarified, although the Opinion reflects the major topics in this respect. The Opinion also draws more general conclusions concerning the application of the Guidelines.

In this report, BEREC does not respond to specific suggestions to change the Guidelines in substance, since this is not a consultation of a revised version of the Guidelines. This will be done in Q3 of 2019, when stakeholders will have the opportunity to respond to suggested clarifications of the Guidelines in a regular public consultation. BEREC seeks to publish the final second version of the Guidelines in Q1 of 2020.

BEREC notes that quite a large number of comments from stakeholders were similar to the comments received in the consultation of the draft Guidelines mid-2016. In this report, these comments are not addressed in detail, although they are referred to the consultation report on the BEREC NN Guidelines in 2016.

BEREC received 54 responses from a wide variety of stakeholders


[1] BoR (16) 127 BEREC Guidelines on the Implementation by National Regulators of European Net Neutrality Rules, 30 August 2016.

[2] This report refers to “the Regulation” as the net neutrality rules contained in Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union.